The topic of Hudson County Freeholder Jose Munoz’s work as an FBI informant was broached during cross examination of an FBI agent today in the federal trial of West New York Mayor Felix Roque and his son who are charged with hacking into and bringing down Munoz’s www.recallroque.com website.

“Did you know Jose Munoz was an informant for the FBI from as early as 2011?” Joseph Roque’s attorney, John Azzarelo, asked FBI Special Agent Brian Herron.

“No,” replied Herron, who said he is aware of the fact now based on questioning during the trial.

When Azzarelo attempted to continue with the line of questioning, District Court Judge Kevin McNulty ruled that it was inappropriate to question Herron on the topic since his only knowledge of Munoz’s work with the FBI was based on what he heard during the trial.

According to prosecutors, on Feb. 8, 2012, Joseph Roque hacked into online accounts connected to the website established anonymously by Munoz and used that access to sabotage it in a conspiracy with his father. Then, it is alleged, Mayor Roque harassed and attempted to intimidate several people associated with the website. Prosecutors have named five alleged victims.

On Aug. 27, prosecutors filed a sealed motion with McNulty stating that they "do not intend to turn over reports or information that Munoz provided the FBI regarding other matters."

On Sept. 4, McNulty granted the prosecutors' request to omit some information and redacts other information related to other FBI investigations in which Munoz was an informant. He agreed that prosecutors must inform the defense that "from February 2011 to the present Jose Munoz was a confidential source of information to the FBI" and "during that time, Mr. Munoz provided information on other matters."

McNulty said in his ruling that his decision was tentative and he would revisit the issue "when the context is more clear." The judge wrote that without hearing witnesses or seeing government evidence, he cannot say definitively that the information about the "other matters" bears no relation to the case.

In his opening statement on Friday, Joseph Roque's lawyer, John Azzarello, argued the mayor was being attacked in the "shark tank" of Hudson County politics and his son had not conspired with his father, had never harassed anyone, and simply wanted to find out who was behind the website so he could tell his father to "watch your back."

Munoz set up the website under the name Maria Pascuale and provided no address or phone number for the fictitious person. Today, the mayor’s lawyer, John McDonald, likened the activity of the website to “cyber bullying.” Joseph Roque communicated under the name Jeffrey Reynoso through email with Munoz who was posing as Maria Pascuale.

McDonald noted that in on at least one of those exchanges driven by the mayor’s son’s effort to get information on who was behind the recall site, Munoz said their anonymity “is driving Mayor Roque crazy.”

Testimony on internet records was also heard today from Weebly.com representative Richard Huffaker and Microsoft representative Megan McCarville. This was the second day of testimony and the prosecution continues to present its case in the trial which is expected to last two weeks.